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The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made a mistake on a point of law or in a finding of fact it made and on which its decision of 12 December 2022 (reference DBS6
The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made a mistake on a point of law or in a finding of fact it made and on which its decision of 12 December 2022 (reference DBS6191 00984617743) to include JW in the children’s and adults’ barred lists was based. The Upper Tribunal REMITS the matter to the Respondent for a new decision, which must be based on the findings of fact set out at paragraphs 4.i, 14, 15, 34 and 35 of the “Reasons” section below. The Upper Tribunal DIRECTS that JW remains included in the two barred lists until the Respondent makes its new decision.
REASONS FOR DECISION
This appeal
This is an appeal against the decision (“DBS’s decision”) of the Respondent (“DBS”) dated 12 December 2022to include JW in the children’s and adults’ barred lists.
- Heading
- The decision of the Upper Tribunal is to ALLOW the appeal. The Respondent made a mistake on a point of law or in a finding of fact it made and on which its decision of 12 December 2022 (reference DBS6
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- The grant of permission to appeal
- The evidence before the Upper Tribunal
- Background facts
- Review of JW’s evidence on disputed matters
- JW’s role at the home
- The requirements for Miss X’s personal care
- Miss X’s occasional “behaviour”
- The incidents where JW held the door to Miss X’s room closed
- Our analysis of mistake of fact and/or law in DBS’s decision
- Was important and relevant context omitted?
- Does this omission in DBS’s decision amount to a mistake of law or fact?
- The grounds enumerated in JW’s “perfected ground of appeal”
- Conclusions